20020802 TZHC Arusha

20020802 TZHC Arusha

The lower court erred by granting a temporary injunction based on predicaments caused by acts of God, which were not contemplated by the loan agreement. The principles for granting a temporary injunction were not satisfied as there was no serious triable issue or irreparable injury demonstrated.

Citation
20020802 TZHC Arusha
Parties
Appellant: Agricultural Inputs Theft Fund; Respondent: Pascal Mgonnelinus Kiltru
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 August 2002
Procedural Posture
Miscellaneous Civil Appeal / Appeal From Order of Temporary Injunction
Outcome
Appeal allowed
Legal Topics
Temporary Injunctions, Mortgage Enforcement, Acts of God, Loan Agreements
Source Language
English
Civil Procedure Contract Law Property Law Temporary Injunctions Mortgage Enforcement Acts of God Loan Agreements

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Parties

Agricultural Inputs Theft Fund

Appellant

Pascal Mgonnelinus Kiltru

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Appeal From Order of Temporary Injunction

Legal Issues

  1. 1 Whether the lower court properly granted a temporary injunction restraining sale of mortgaged property
  2. 2 Whether acts of God (drought) justified non-payment under the loan agreement
  3. 3 Whether the principles for granting temporary injunctions were satisfied

Ratio Decidendi

The lower court erred by granting a temporary injunction based on predicaments caused by acts of God, which were not contemplated by the loan agreement. The principles for granting a temporary injunction were not satisfied as there was no serious triable issue or irreparable injury demonstrated.

Court Disposition

Appeal allowed

Orders

  • Temporary injunction order set aside
  • Appellant awarded costs